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July 2009 UNAUTHORIZED PRACTICE—RULES OF PROCEDURE Ch 38, p.1
CHAPTER 38
RULES OF PROCEDURE OF THE COMMISSION ON THE
UNAUTHORIZED PRACTICE OF LAW
Rule 38.1 Jurisdiction, authorization, and scope. The Commission on the Unauthorized
Practice of Law, as an official arm of the court, is charged under Iowa Ct.R. 37.2 with considering,
investigating, and seeking the prohibition of matters pertaining to the unauthorized practice of law
and the prosecution of alleged offenders. The rules contained in this chapter apply to all proceedings,
functions, and responsibilities of the commission.
[Court Order February 17, 1992, effective July 1, 1992; November 9, 2001, effective February 15, 2002]
Rule 38.2 Definitions. In this chapter unless the content or subject matter otherwise requires:
“Assistant director” means the assistant director for board and commissions of the office of
professional regulation.
“Chair” means the presiding officer of the commission and includes the chair of the commission,
the vice chair, or any acting chair designated by the commission to preside in the absence of the chair.
“Commission” means the Commission on the Unauthorized Practice of Law.
“Respondent” is the person or entity whose conduct is the subject of a complaint to the commission
or a proceeding in district court pursuant to Iowa Ct.R. 37.2.
“Shall” is mandatory and “may” is permissive.
[Court Order February 17, 1992, effective July 1, 1992; November 9, 2001, effective February 15, 2002;
December 5, 2007]
Rule 38.3 Officers. At its first meeting in each year, the commission shall elect a vice chairperson
to serve for the year and until a successor is elected.
[Court Order February 17, 1992, effective July 1, 1992; November 9, 2001, effective February 15, 2002]
Rule 38.4 Meetings and quorum.
38.4(1) Meetings of the commission shall be called by the chair of the commission and may be
attended in person or by telephone. The commission shall meet at least once in each calendar quarter.
Special meetings may be called by the chairperson or at the request of three or more members of the
commission.
38.4(2) The commission shall act only upon the concurrence of a majority of the members present,
except in the case of a vote to initiate an action pursuant to Iowa Ct.R. 37.2, in which case the
commission shall act only upon the concurrence of a minimum of eight members or a majority of
the members present, whichever is greater.
[Court Order February 17, 1992, effective July 1, 1992; November 9, 2001, effective February 15, 2002]
Rule 38.5 Complaints to the commission. Complaints shall be accepted from any person or other
entity believing that an individual or entity has been engaged in the unauthorized practice of law.
38.5(1) In this context, “complaint” means any written communication to the commission which
alleges or indicates that the unauthorized practice of law has been or is taking place.
38.5(2) Complaints shall be in writing but may be simple and informal. Complaints shall include
whatever information or exhibits the complainant desires to submit.
38.5(3) Complaints shall be filed by submitting them to the assistant director at the office of
professional regulation.
38.5(4) The commission may, upon its own motion and regardless of whether any complaint has
been filed, initiate any investigation or action it deems appropriate.
38.5(5) Upon receiving a complaint or initiating any investigation or action on its own motion,
the commission shall make a record indicating the date of filing or initiation, the name and address
of complainant, the name and address of respondent, and a brief statement of the allegations made.
This record shall also show the final disposition of the matter when it is completed.
38.5(6) All commission files shall be kept in permanent form at the office of professional
regulation.
[Court Order February 17, 1992, effective July 1, 1992; November 9, 2001, effective February 15, 2002;
December 5, 2007]